In the United States, Marijuana is the most commonly used drug. The number of individuals regularly using the substance fuels a widespread controversy on whether the federal and state governments should legalize the drug. The National Conference of State Legislatures reports that medical marijuana is legal in 37 states and recreational marijuana is legal in nine states. While many states are jumping on the trend, Texas continues to outlaw recreational use of marijuana.
Individuals in possession of the drug may suffer severe consequences. However, if you are arrested for possession of marijuana, you are not necessarily convicted of the crime. As soon as possible, speak with criminal defense attorney Sophia C. Martinez for highly-qualified legal representation in San Antonio, Texas. With over 25 years of experience advocating for her clients’ rights, you can count on her to provide you with the best possible outcome for your case.
Penalties for Marijuana Possession in San Antonio, Texas
While many consider marijuana a commonly used substance, there are still harsh penalties that individuals may face if caught in possession of the drug. The penalties vary depending on the amount of drugs the individual possesses.
- Two ounces or less: Considered a Class B misdemeanor, carrying a punishment of up to $2,000 in fines and up to 180 days in county jail.
- Over two ounces, but less than four ounces: Considered a Class A misdemeanor, carrying a punishment of up to $4,000 in fines and up to 1 year in county jail.
- Over four ounces, but less than five pounds: Considered a state jail felony, carrying a punishment of up to $10,000 in fines and 180 days to 2 years in a state jail prison.
- Over five pounds, but less than 50 pounds: Considered a Third-degree felony, carrying a punishment of up to $10,000 in fines and 2 to 10 years in state prison.
- Over 50 pounds, but less than 2,000 pounds: Considered a Second-degree felony, carrying a punishment of up to $10,000 in fines and 2 to 20 years in state prison.
- Over 2,000 pounds: Considered an enhanced first-degree felony, carrying a punishment of up to $50,000 in fines and 5 to 99 years in state prison.
These legal punishments are harsh and will continue to impact your life even after you finish your sentence. A marijuana possession charge may stay on your record arrest and affect your ability to receive job opportunities, buy a house, and more. You may also suffer a suspension of your driver’s license as well as many other social punishments.
Factors That Can Impact Your Marijuana Possession Case
The amount of drugs is not the only factor that may impact your case. The court will analyze your circumstances and other aspects of your character to determine the severity of your punishment. Below are a few examples of elements that impact your case:
- Drug-free zone
- Previous convictions
- Use of other inhibitors
- Any amount of concentrated marijuana product, such as dabs, wax, cannabis oils, etc are classified as a Schedule 2 Penalty Group controlled substance.
- Possession of any Schedule II substance is a felony, in any amount.
If this is your first offense, the court may consider less harmful punishments and seek only educational classes and possible probation. However, you may face harsher penalties if you were caught in a drug-free zone or have a previous marijuana conviction.
What to Do if You Are Caught With Marijuana in San Antonio, Texas
A marijuana possession arrest is frightening and often alarming to many. Due to its common use, many people find it surprising when they are arrested for possessing marijuana. In order to protect yourself, take the following steps when arrested while in possession of marijuana:
Stay Calm
Your first instinct may be to fight or become agitated toward the officer. However, staying calm and taking a deep breath will help realign yourself and keep a level head. You will have a chance to speak with your lawyer and discuss your best options once you get to the station.
Comply With the Officer’s Directions
An officer may ask you to step into the vehicle or follow other directions. While you may feel inclined to argue with the police officer, they may take your demeanor as someone hiding something or note your behavior in your report. Following their directions will make sure they can’t use your behavior as incriminating evidence.
Invoke Your Rights
You have the right to remain silent until your attorney is present. If the officer is asking you questions, you have the right to let them know you are choosing to remain silent until you have a lawyer present.
Contact Your Drug Crime Lawyer
Many individuals use marijuana and are unaware of the legal consequences of their actions. You have the right to seek legal advice and guidance from an experienced drug crime attorney. Having someone familiar with the legal process will protect your rights.
If you face serious legal punishments for possession of marijuana, speak with a lawyer as soon as possible. They will be able to help you through the complicated process and provide you with answers to your questions.
Call Sophia C. Martinez for an Experienced San Antonio Marijuana Possession Lawyer
When you work with a lawyer at Sophia Martinez Law, you place your trust in an experienced, hard-working legal professional. With over 25 years of experience advocating for clients across the San Antonio area, Former Assistant District Attorney Sophia C. Martinez has the knowledge and resources to provide you with dependable legal services. Fluent in English and Spanish, feel free to request to communicate in either language. Sophia C. Martinez hopes all her clients will feel comfortable discussing their concerns and questions.
Learn more about our services by calling (210) 226-3000 or filling out our contact form today.